Abolish time limit for requesting sentences for child murder be reviewed
- Parliament:
- 2019–24
- Signatures:
- 16,233
- Responded:
- 18 Jan 2022
- Department:
- Ministry of Justice
The petition
I would like families of murdered children to be able to request the sentence be reviewed, without any time limit. It is possible to ask for a Crown Court sentence to be reviewed, but applications must be made within 28 days of sentencing. This time limit should be abolished.
In 2007 my son was murdered by my ex partner, he was sentenced to 17 years (IPP) I received an email from witness support saying he will be considered for parole in 2 years. He will be able to start a new life if released while my son's was taken away from him.
Since 2014 I have been fighting for longer sentencing for these evil people but my voice was never heard. I think now is the time to listen. Families don't deserve the worry of these monsters ever released.
The government's response
The government has no plans to abolish the time limit for referrals made under the unduly lenient sentence scheme which provides finality. We keep the scheme under review, including the 28 day limit.
We were very sorry to read of the murder of Ms Rose’s son in such horrendous circumstances. Our sympathies are with her and all those affected by this terrible crime.
The unduly lenient sentence (ULS) scheme allows anyone to ask for certain sentences imposed by the Crown Court to be considered by the Law Officers, where the sentence is felt to be unduly lenient. The Law Officers may then decide to refer the case to the Court of Appeal, who may decide that the sentence should be increased. A referral to the Court of Appeal must be made within 28 days of the sentence being imposed.
The general rule is that a person should expect to serve the sentence imposed by the court. The ULS scheme is a rare exception to this rule and is therefore tightly circumscribed. It is important for both victims and offenders that we avoid ongoing uncertainty about the sentence to be served. The 28 day time limit reflects similar constraints on defendants appealing against conviction or sentence, but it is necessarily stricter to ensure certainty about whether a person will be more severely punished or not.
As part of our continuing review of the ULS scheme the government will keep the 28 day time limit under consideration. We have no plans, however, to remove the certainty afforded by a time limit for referrals.
The government recognises the importance of victims, prosecuting authorities and members of the public being aware of the ULS scheme. The revised Code of Practice for Victims of Crime - the Victim’s Code, which came into force on 1 April 2021- provides victims with the right to be informed about the existence of the scheme and includes a requirement for the Witness Care Unit to inform victims about the scheme promptly when sentencing takes place.